William McComb, Walter McComb, John Copple, et al. v. General Motors, California Custom Design Inc. dba Red-E Kamp
Published: Aug. 27, 2005 | Result Date: Apr. 20, 2005 | Filing Date: Jan. 1, 1900 |Case number: GIC830514 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Garo Mardirossian
(Mardirossian & Associates Inc.)
Defendant
Keith G. Bremer
(Bremer, Whyte, Brown & O'Meara LLP)
Experts
Plaintiff
David Quesnel
(technical)
Ronald Huston
(technical)
Defendant
Michael J. Williams
(technical)
Mark Allen Gomez
(technical)
Ken J. Orlowski
(technical)
Facts
On Jan. 14, 2001, the decedent was driving a 1982 van conversion that rolled over after it was struck by another vehicle. Decedent was found outside of the van. She suffered head trauma. After hospitalization, she recovered and returned to normal activity for about 22 months and then died on Nov. 22, 2002. Decedent's five adult children brought a wrongful death action against the manufacturer of the vehicle and the independent van conversion company. On the eve of the trial, the plaintiffs settled with the manufacturer. Its claim against California Custom Design Inc., the independent van conversion company, went to trial.
Settlement Discussions
According to the defendant, the plaintiffs made a $5 million demand on the eve of the trial, which the plaintiffs dispute. The defendant made a C.C.P. Section 998 offer of $25,001.
Damages
The decedent accumulated $469,086 in medical expenses paid by MediCal and MediCare. The defendant filed a motion in limine which limited the plaintiffs' damages to medical expenses actually incurred, which was approximately $46,000 of the original amount. The parties stipulated to a maximum of $80,000 in potential economic damages. The jury was instructed not to consider economic damages in a potential award.
Other Information
EditorÆs Note: In the Aug. 19 edition of Verdicts & Settlements, we mistakenly listed the result as a defense verdict. Please note the corrected result.
Deliberation
four hours
Poll
12-0
Length
eight days
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